The Sun. — London, England, 1818-06-03 00:00:00

ry lie th:tt the common •kri•l the St more 1.11. v, muthorised sitch ar _!:.s., !so the pqrt of the Mac,istrates, and they ro cautions how they allowed such prac• 1 2.r0w ioto ose, and to become precedents :Jere!! on. Ile cited the opinions of Lord hie, S er .: lr ma Iftw'Ains, and others, that Ma !.:Lt;.A,!•s eOull only anest 211 CISCS of It otson, pityl offences tiglitist the pace ; but he El s kim e ) e ,ffitendeci that Libel vv3s 1)t)t an ,off . ccc{-• ;Igliu,r the peace. ()11 this ac:onitt, Cue (.;rel , te Letter of Lord Sidamuth to the Magis t)atec, to commit for Libel, was most dangerous, had been productive of most arbitrary atol Do ; Pres,iive conduct. It was very easy to say now l!i-nt it hart no such effect ; but if the house had u,,t ,hat. out all information on the subject, he have proved that persons for religiotis %vete torn froM their families and loaded irons. fie wai sure that the Magistrates wohld be well pleased that this Bill should pass, in order to infotm, them in what eases they were Zo commit, and whet, not. The LORD CnANcELLorz said, this was a Bill to prevent Arrests for Libel before indictments found; but it was impossible to contend that there were not hundreds ofOotisands of cases wherearrests had taken place in matters that only tended to breaches ofthepeace,but which were not of themselves actual breaches of the pea Ce. The. circular letter of the Secretary of State, which had been so much com plained of, was written in consequence of the od vice of those whoSe.iiiity it was to ad% ise him so to do. The [louse ought not to declare what was the law on this subject, when there had been, lately so much opportunity to have obtained • the opinion of, the Courts below on it. Ever since the Revolution, and especially in the reign of Queen Anne, persons were held to bail for Libels. The Libels which were lately the subject of pro rectttion, were some of the worst he had ever seen in England ; and he contended, front the opinion of Lord- Hardwicke,when Attorney-General, that blasphemous Libels were Libels against the Go vernment, because the religion of the State was That of the Government. He requested the House to seriously consider whether they would, by this Bill, pass a negative on the legality of a long ,:course of usage sanctioned by the Judges. Earl GREY considered this ease as one of the most importaut that ever came before the House, connected as it Was with the liberty of the press, on which all our rights and property depended. He lied, on a former night, endeavoured to shew, from the authority of Lord Coke, Lord Hale, Ser jean( Hawkins, Lord. Chief Justice Holt, Chief Justice Farquhar, and Lord Mansfield, that there was no power - to commit for misdemeanour before indictment found. It was contrary to the Con 3tititti6n to commit before indictment of offences, tending to produce breaches of the peace. If the practice were as . the Noble - and Learned Lord had stated it to be, he (Earl Grey) was bound to declare, that it was contrary to the Constitution, and that Parliament could nut too soon pass this Bill, declaring that practice illegal. This was a most dangerous and monstrous power to give to the Magistrates, especially in times when party ran so high, and when their minds might, by - party excitements, be heated and inflamed. The nible and Learned Lord had - called certain Libels . the worst he had ever seen ; but three successive Juries differed, much to their honour, from the opinion of the Noble and Learned Lord. Much to their honour, he would say, because it was at tempted to make that blasphemous which was only intended as a means of political attack. If that man sinned, he did it with great authorities, even some, of his Majesty's Ministers, and of pub lication; ,disseminated by them with great in dustry. . The' Earl of LivERPOOL said, there was no ground for bringing this question before the IlOnse at so late a period of the Session. If there was any.doubt on the law why not try the ques tion in Westminster-hall ? By a decision of those CoUrti .general warrants were declared to be illegal; and the same course might be adopted as to.commitments for Libel. It the Libels that had been alluded to had been pronounced not so by three Juries'in• London, those very Publications were declared Libels by Juries in Lancashire. Such blasphemous Publications were most mis chievous and wicked, with whatever intentio❑ they might be made public. Lord HOLLAND said, that where those Publica tions had been declared libels, it was in cases where there was no - defence, and judgment suf fered to . go by default. Those were Parodies on the Government ; and without them we should not have had the feeling defences of morality and religion which had fallen from the Noble Lord on the ‘Voolsack ; and on a former occasion from a Right Rev. Prelate. He should never have hari such exhortations to t - norality and religion from their pious minds, had it not been that those Pa rodies were levelled against his Majesty's Mini sters. If what his Noble Friend had stated was not the law, which he contended it was, he had no heSitation in saying it ought to be made the After a reply from Lord ERSKINE, the House divided-" For the second reading of the Bill l3 Against it 3l Majority —lB ALIEN BILL. The Report of the Committee on this Bill was received and agreed to by the House. Viscount SIDMOUTII moved the suspension of the rele vant Stauding-Orders, with a view •tcf authorize the third reading of the Bill forthwith. Tbe.Marquis of LANSDOWNE opposed the proposition of the Noble Secretary of State, and The Earl of ROSSLYN moved the question of adjournment upon it, A division took place-- 7 For the Adjournment (including Proxies).... Against it (ditto) Majority -35 Shortly after their Lordships again divided, on the point as we understood (the previous question being intermediately moved`, that the question be put— For that proceeding (including Proxies) S6 —Against it (ditto) ... 25 Majority The House then divided on the question for suspending the Standing Orders — Contents (including Proxies) .. Not Contents (Ditto) Majority... -31 The Bill was then read the third time, and passed ; and at half-past Eleven o'clock their Lordships adiourned till this day. I.IOLE Oi• COMMONS. A Clerk n n the Tax Office presented at the Bdr, porboant to (Mier, Copies of the - several Orders or Cireol3r Liters issued by John Thomp son, at lien:l4l, with respect to the Assessment for the Land Tax.—Ordered to be printed. A Clark fromilni (Aice of the Chief Secretary fut , Ireland resented 4 Paper with resin:- to the Foundling Hospital and ) 11G.. other Institut i,iii,in Dublin, asionitlly receiving Aid from, the Public 'Vrrasury,.-- re tat4ie 01144ie table. . A Clerk from the Ilanli presented an ccount of the total Aniount of the Weekly Issues of Notes and Post Bills fur a given prriol.—Ordere'd to be printed. • CLERKS' SALARIES, &c. The CHANCELLOR of the EXCHEQUER moved various items for compensations, &c. to the Officers of the House, by way of Address to the Throne :-114/. 10s. to Mr. Rickman, for making Abqracts ; 1,200/. to Mr. Brogden, as Chairman of Committees ; 2,500!. to Mr. Lea ; a suns to Mr. Rickman to make tip 1,r,001. clear salary ; 495/. to Mr. Whittam for makin , Index.--The Addresses were agreed to.—He then inoeed'an Address for such Compensations to the Clerks, &c. as 'night appear proper; and another, praying the Prince Re gent to confer some dignity in She Church on the Rev. Robert Stevens, the Chaplain of the House, which' were carried. A:counts of Funds in the disposal of the Commissioners for regulating the Offices of the House of Commons were order ed, and produced at the bar by Mr. Bellamy. On the CHANCELLOR of the EXCHEQCER'S motion, addresses «•ere voted fur i,OOOl. to Col. Seymour, to make good a half year'S salary due next July ; and fur 4001. to Mr. Clementsou fur a similar purpose; also 6,0001. to be issued to the Cunonissiotters appointed to inquire ittto fees, &c., of Courts of Justice in Ireland, as remunerations for their la bour, &c. last year. . . COTTON TRADE. Mr. PATEN BOLD moved for a variety of accounts of the import of cotton wool, - of cotton twist, yarn, &c. ex ported, of cotton goods imported and exportedtdistinguish i lig printed-goods., accounts of duties, drawbacki, deductions, &c. ercou.—Ordered. BANKRUPT LAWS' AMENDMENT BILL. On the second reading, Mr. WKOTTESLEY - alluded to some provisions of the Bill, when the Speaker observedi that it was intended to let the Bill stand over to next Session, but only now to fill up the blanks. Mr. J. SMITH said, it was his wish to invite every species of rem' k or criticism on the provisions of the Bill. He was desirous it should go into • a Committee to have the blanks filled up. The Bill went through a Committee ; the Report was re ceived and read, and the Bill ordered to he printed, and to be farther considered that day three months. A Petition, presented by Mr. COKE, was received from Massingham, in Norfolk, against the Poor Settlement Bill. A similar one was received from Coventry, presented by Mr. P. Moore. • REFORM PETITIONS. Sir F. BURDETT presented a petition from .Loughbo rough, in favour of Annual Parliaments and Universal Suf frage. The petitioners he stated to he chiefly old people, the age of one being 79, of another 64, and of the youngest 54. He also presented 12 Petitions from Lancashire, 8 from Edinburgh, 20 from Birmingham, 8 from Dundee, 60 from Middlesex, one from London, 25 from Westminster, three from Warwick, and 54 from Mary-le-Bone, containing the same prayer._ Lord COCHRANE then presented 39 Petitions from Leeds, 4.3 from Bridgewater, and 39 from Portsmouth, praying for a radical Reform, Annual Parliaments, and Universal Suffrage. —Laid on the table. PRIVATE BILLS. The SPEAKER took occasion to observe, that a consider able deviation from the Standing Orders of the House had taken place with regard to Private Bills. This deviation was not, however ) of modern growth, but had prevailed for seve ral years, and it was highly necessary to cure the evil, with a view to the protection of property. For the Standing Order with regard to Notices upon all Inclosure Bills ought to be rigidly enforced, 'or property was left unprotected, while the existence of the Order served to lull proprietors into a notion of security. Having said so much, which his sense of duty suggested, be trusted that some measure would be adopted at an early period of the next Session to prevent the recurrence of such irregularities.—(Hear, bear !) COALS. Mr. LAMBTON gave notice of a motion for next Session, fora Committee to consider of equalizing duties on •coals carried by canals or coastwise. BANK OF SCOTLAND. Mr. F. DOUGLAS moved for au account, with the list of Proprietors of the Scotch Royal Bank, since April st y speci fying particulars of stock.—Ordered. REFORM IN PARLIAMENT. Sir F. Butstoarr then rose to bring forward his motion on this subject, and observed, that the Resolution which he held in his hand was, in his opinion, so consistent with the Constitution, and the source from which he had drawn it so high, that he thought it never could be objected to.— He bad founded his Resolution on what had fallen from the highest authority in the country, even the Throne itself. And, indeed, he had always considered the interests of the Throne and the People so closely united, that they could not be separated ; and therefore that jealousy of the Throne was unfounded. His Resolution would be long, but he trusted the 1-louse would not consider it as too long, when the importance of the subject was considered. Souse time ago,when this subject was brought forward, it was oppoaed, as being founded on new-fangled doctrines, suh- , versive of the Constitution. Yet the doctrines were those which our ancestors had for ages acted upon, namely, Annual Parliaments, and what was called Universal Suffrage. On that occasion : he load proposed to extend the right of voting4o . all who paid direct taxes to the King, the• Church, and the Poor. Since that time, the subject liatl.heen fully discussed and considered ; and the further we go up into the practices of our ancestors, and the more we inquired into their practice, we should find the Constitution founded onfreedom of Election ; and that Eleetions and Parliaments were held three times a-year, Easter, Michaelmas, and Christmas. The Constitution was e,stablished by the Saxon Kings; and when William 1. was advanced to the Throne of this country, he swore to govern by those laws. His descendants had sworn to do the same ; and although they had more than once departed from their oaths, it surely would not be said that their perjury had deprived us of our rights. He would now des cend to the time when Magna Charta was wrested from the Crown, in which the rights of the people were again recognized and acknowledged. He was aware that many well-informed persons had construed the laws passed at that time as giv ing to the King a power of retaining one Parliament through a whole Reign, proroguing it from time to time. But this could not be since the King was to call his Parliament together annually; and the speech from the Throne always stated, that the Parliament was called together to make known to the King the wishes of the people. Neither could it be supposed that Parliament was to be a permanent body, since a seat its Parliament was a heavy charge on him who had it, and not a source of profit, as at present it was. So with respect to suffrage. Perhaps there was no better way of proving what was the Constitution of the coun try, than by looking at the old maxims of law ; and as far back as the reign of Edward 11. Lord Chancellor. Fortescue said, ‘` No plan should - be taxed without his own consent." This was repeat ed in the prosperous and gloi ions reign of Edward 111. and no reign was ever more prosperous or glo rious. And in the reign of Charles I. the maxim was—Safety of Person and. Property ; but Charles 1. having adopted a 'different course, and impri soned persons and seized property—encouraged to do so by corrupt and arbitrary Judges, and that withuisconVening anz Parliament; when Pal lik 7 ' ,i ea,l wits, assembled, it, wat tkat:nral they<BWoukl complain, - and a remonstrance and claim of rights was made by the Parliament. The Monarch pro mised, but that unfortunate King forgot his pro mise, and the people had recourse to their old Constitutional rights—those of resisting oppres sions. Violenc*followed, and Liberty and the Constitution flid not again look up till the resto ration of Charles 11. At this time the Act of Ha beas Corpus was passed ; but the Acts of Parlia ment were mere artificial bulwarks of security to the Public, which could be set aside by the Crown and its Ministers at any time. With the Revolu tion came the Bill of Rights ; this contained some protection for the people, but not what was con templated. Many of the rights contemplated by our ancestors were unfortunately not enacted into laws, which circumstance gave rise to an obser., vation made by Mr. Walter Fawkes, on reading the bill of fare, who exclaimed—" An excellent bill of fare, but no dinner !" And even all the advantages of the Bill of Rights was rendered null by six little words inserted in it, namely, that these provisions should not be set aside— " except with the consent Of Parliament ;" this, like the touch of a talismanic wand, caused the whole to vanish in air - " And, like the baseless fabric of a vision, " Leave not a rack behind." What did it signify whether perpetual taxes were ' imposed, or a standing army was kept up by the prerogative of the Crown, or by the consent of a Parliament subject to the influence of the Throne ? ' lie would, indeed, rather he without a Parliament than have one which covered such a mockery.— For this evil there was no cure, but to restore the Parliament to the people, whose right it was. There ought to be such a system of Representa tion in the House as should protect the Rights of the People. Now, as to whom were to be the Electors of Members of Parliament, the King, in his coronation oath, gives that privilege to the commonalty. And by the statute of Henry IV. it was said, that persons duly summoned by the Sheriff to his Court, and others, should proceed to the election. This, the Hon. Baronet contended, could only be construed into Universal Suffrage. This was a statute passed in the prosperous reign of Henry the Fourth ; but in the weak reign of his grandson, the weak Henry the Sixth, the first restrictive statute was passed, which confined the right of suffrage to persons possessing a free hold of 40s. a year, and upwards ; and it was said, as a reason for passing this statute, that persons possessing no property assembled at elections to vote, and might, not did, create riot and disturb ance. Now, in the present day, how was it—we had one instance of extended suffrage, and that was in the city of Westminster; yet here elections were conducted without riot or confusion, and with no greater interruption than usually attended a parish Vestry. The Hon. Baronet then advert ed to certain Resolutions adopted at a Meeting at which Mr. Fox was Chairman, and in those Resolutions, signed by Mr. Fox, it was stated that Annual Parliaments were the constitutional form of Government in this country. He bad been told that this was not Mr. Fox's opi nion, but that he only signed those Reso lutions as Chairman of the Meeting. Bo this he was certain of, Mr. Fox would never have put his name to Resolutions which he considered as mischievous to his country. The Hon. Member next adverted to the letter of the Duke of Rich mond to Col. Shearman, in which the Duke de clared himself in favour of Annual Parliaments ; and in a debate on Parliamentary Reform in 1797, Mr. Fox declared himself in favour of extended-. suffrage, observing, that the best form of election would undoubtedly he that under wbicli . the greatest number of independent votes could be obtained. By the present systeetlie majority of the House were electediiilbose who bad no in dependent votesk,f,The majority of the House were returned by the influence of those who at the beginning of every Session it was declared coo)d not interfere in elections without a gross breach of the privileges of the house. The Mem bers were elected by those alone who ought to be excluded from voting. If suffrage were extended as it ought to be, each Member would be returned by upwards of five thousand votes—a number too numerous to be bribed; and if it were possible to bribe them, making Parliaments annual would do away the temptation, since the Treasury Bench could not in a year make it worth while for a Member to bribe such a number. Such a system of voting might also be adopted as would preventany bustle and confusion, and so as to prevent those feuds which were so prevalent in this country, and which had their origin in the seven years contests for seats in tke House of Commons ; and an election for seven years was indeed a subject worth contending for, since it not only rendered a man an important individual during that time, but it also gave him a valuable commodity which he might at all times take to an advantageous market—the Treasury Bench, if so inclined. The Hon. Baronet then adverted to the motion made by an lion. Baronet (Sir R. Heron) for repealing the Septennial Act, and the impolicy, not to say injustice, of continuing that Act, which passed in the reign -of Queen Anne. He contended that elections ought to be free as de clared in the statute of Westminster ; and nothing short of embracing the whole population, conse quently of following prudence and reason, would produce Reform, and conduce to the benefit of the State. Alluding to the election of Officers to fill the highest situations in the Government, he no ticed the opinions of Machiavel,who, in reference to such elections, produced the example of ancient Rome, and declared, that fewer instances of cor ruption had occurred by electing persons from among the great body of the people to fill those offices. The Hon. Baronet observed, that it was necessary that those who contributed to the ser vice of the State should have a voice in the Se nate, and have the controul not only of it but of the public parse. The opinion of Judge Black. stone went in confirmation c - ,f Lis opinionor°• • lip s present about 6000 paupers, with a few na, Proprietors, had the disposal of the whole p. to perty of the nation. All that was asked wasi_o, allow the population at least to see how their al ney was about to be-squandered. The mankind proved, that rdstpreportion as -, r l) • i t l o pt ence of the petple pretiorti-Aetrovkr the ael vvas of the Goyetoment,s,kes'starion pourolse B an t no t were into happi Ott-`,tite- buirtrary, iviteee they permitted to have any voice, States had f a llen ,„ decay. The people of - England alesiretomvJjo; preserve themselves. He concluded by r e „ e - -of twenty•six separate propositions - in the soar tr - o . resolutions, followed by six declaratory coos> te tl tions. The 26 declaratory propositions almost entirely of extracts from . the " r ose , speeches delivered to Parliament from their,tif6,lo - with King James 1., down to t 4e. „ 1 5.113 sent day, to prove that Royal Authority 1",410 favour of Annual Parliaments—and extracts 1 • writs and other documents as authorities I°oo your of Universal Suffrage. They also irL e t o e, a statement of various Resolutions of th e " ° „ - tiie of and quotations from various authorities ss ha , necessity of Reform, and a diminution rite 5i fluence of the Crown.—The substance of tbe concluding declaratory Resolutions, was dr— lei, Ist. For Universal Suffrage, excepting only lona— is fants, and persons insane. o°°l 2d. That the territory of Great Britain and Ireiana,,iti4°_,' be divided into 658 Election Districts, equal in pornlvo_,"" of which each should return one representative , and -bet 3d. That to prevent disorders, the Elections s haniu be gun and completed in one day,. which day ought t ° same for all the Districts. ► 4th. That the Election Districts should he sub-districts, for the more convenient reception nt sth. That the mode of voting should be by t 6th. That Parliaments should be Annual, saving cc' ,' s Crown the prerogative of dissolving them at any tii°;ol• summoning a fresh Parliament after the necessary “ 4. " Lord COCHHANR seconded the Resoluti ol/ :0 4 After what had passed in this House on 11 1,', 3 0 1-1 casions, be had little hopes that much goeui arise from forthe exertions of his Hon. Frie r ', Li t 0, was not im to say what this House rolg t boa influenced to do ; but if he referred to wb s .,,, i t been done by the degenerate Senate of it ° ' - t„ would be seen that they bad been guil t y "i e ce° grossest corruption. In the course of the. OS years in which be bad retained a seat t o , P tiiet House, be had not lent himself to any ae tg ae o pressed on the liberties of the people. ces is not mean to impute any .unworthy nO tt o o ttst i passing these acts ; but he put it to the • Ili; whether 'the trade had not seffered tnatell6,„oo and he was convinced that nothing short of g Sar; would better the condition of the Nation - ( be he was, that the petitions of the people ne e ,„, e eed' been, nor world be, attended to ; he recooipte eel the adoption of some measures to c 0 of to t the affections and' secure the confiden ce - „ ti til f , people. It grieved him to think that his country mustbecome the diettheat of til e ;str, which he fores b aw. He warne is I‘s il i s 0 0 _ Ministers to pause in their career. 1r vytiilotel 1 ,' his intention to trespass further upon th e 'd l e the House; but he could not conclude W iac io o , expressing his strongest gratitude to the 'I be of Westminster, for the honour which ° li t, s le repeatedly conferred upon him by choosing de, represent them. It bad always been his e your to discharge his duties towards they ) * an t ° I had in some instances failed, it was froul power, and not from want of good will. gaps been the victim of a foul conspiracy, by rot which he had been involved almost in tot6tteotil All the persecutions of which he had. keel! yeas' ject he had borne with patience nig it reor rg so g The men who had so persecuted .him b e I° l ol° f , and be hoped, before they went to th eir g they would be able to forglire themseiveS'se, hui was foreign to the subject before the 1 -1 ,1 13 Sa l o he trusted they VvOttlil forgive him. P' e ls , ao h t not trespass uppn their time longer sl ° 11 ;t: P ic never agaitt!on any subject. He hope d t t oo t % Alajesty'li - Ministers would take conseiero. P it int* Consideration what be bad now ' sal So c i did not say it with any feelings of hosti litle d t he ' feelings had now left him ; but be trlis te o otti; would take his warning, and save the c° it by abandoning the present system befor e 14 08 1 5 too late.—(The Noble Lord was most deePi;7o tated ; his voice was low and broken , 811(1 et frequently interrupted by his tears.) e di, o f Mr. BROUGHAM was anxious to state s—aes-0 13a ence of opinion which he entertained in r esi t - l et „ the sentiments delivered by the 'Hon• r° ,lti e ' e the subject of Reform, He felt great dif 6c o f ( i the subject, because a very great porri ° , l , ti l iee r f i e people were friendly to the doctrine 0 1. . 1 1; 1 , 04h Suffrage : they possibly had been misle", 1411 ,4 ings not best calculated to bene fi t the St a- p e e . t i respect to Parliamentary Reform, lie *ll- e to P i a t observe that those who were most adv er „, s , B tes : s e form now, were once the greatest o ,lvs— oe c.i se the system. This bad been evidenced i" s io t o of Ireland. One of the greatest c hang e vei° o : government of that country was tb e t ,10:1 ) 6 but which had subsequently turned to t h e To recur, however, more immediate o ' s ed, # question : in the Resolutions just Pl . °,P se lf ( "l i e Honourable Baronet had confined h' el/ er in l e r , species of authority which ranked I ° W n y at l ip r scale of constitutional authority dial' :I le tes t i s . Without advertin to the statutes tieett , Magna Chorea, &c. lie had quoted t'be;re`;'g tions from the Throne. Now . it*m us l , e irl °l .o' lected, that they cared little about " t"„ for 1 1. 1 subjects" or "the interests of the peoP le 'prae s i o , stance, what was the general conduc t °f affe, et ei. In truth, they only used these pledg es b ey ou`;‘,l, 0 when they wanted money. Though .ei.5101 these declarations, they respected' t itil s heil;, t , l . frage very little. He was. rather.ast°Toold among the multitude of speeches. h e ' s omitted the speech of the present Alcaflta-rect a Yd he came to the Throne—" Born ant l ,: ‘ , ton,"—and the declaration—" if i 5 P e i,pl 6 4 pride to be the first Citizen of a fr ee P t bit; This declaration, if it was worth any togetl worth all the other King's speeelles*Pthfiert f With respect to Reform, .as it went t° visit versa' Suffrage, it might be the m °9 co ollgel a scheme in existence. For it was n °t nc ien t ,V l . l, say, that it was only returning to all Ll ' - se a 1 11 ,‘ of things. Supposing -hewas proP!ery,946 to the ancient state of vassalage or slav et pf ti t he not be deemed a visionary 1 and th Y os for:00 some visionaries would wish to go CP' na would contend, that zefetTing togq